July 2019 – Kendall Brill & Kelly LLP Partner Nicholas F. Daum authored a commentary in the Daily Journal regarding the U.S. Supreme Court’s 5-4 ruling in Rucho v. Common Cause in which the majority found that partisan gerrymandering claims present political questions beyond the reach of the federal courts. Mr. Daum said that, despite the court’s opinion, state courts can fix the problem by using each state’s Constitution to determine cases of partisan gerrymandering.
“Five Supreme Court justices were very wrong to hold that federal courts have no role in ending extreme gerrymandering that threatens our democracy,” Mr. Daum concluded. “But state courts, voters and Congress still have a chance to solve the problem. Let’s hope they do so.”